New Delhi: The Supreme Court on Tuesday came down heavily on Gujarat Police for publicly whipping five individuals a village in Kheda in 2022. The court questioned the authority the police had to tie people to poles and physically assault them.

A bench comprising Justices BR Gavai and Sandeep Mehta heard an appeal from four police personnel—Inspector AV Parmar, Sub-Inspector DB Kumavat, Head Constable KL Dabhi, and Constable RR Dabhi—against the Gujarat High Court’s October 19, 2023 order. The high court had sentenced them to 14-day simple imprisonment for committing contempt of court by violating the Supreme Court’s guidelines on detaining and interrogating suspects.

Expressing anger during the hearing, Justice Gavai asked, “(Do) you have authority under the law to tie people to a pole and beat them? Justice Mehta severely criticized the officials for their actions, questioning the nature of the atrocities committed—tying people to a pole, beating them in public, and recording videos. He expressed reluctance for the court to intervene in such matters.

Senior advocate Siddharth Dave, representing the officials, mentioned that they were already facing criminal prosecution, departmental proceedings, and an inquiry by the National Human Rights Commission (NHRC). Dave argued that the high court’s jurisdiction to proceed against them in contempt proceedings was the key issue, emphasizing that no offense of willful disobedience was established against them in line with the Supreme Court’s 1996 verdict in the DK Basu case.

Justice Gavai countered, stating that ignorance of the law is not a valid defense, emphasizing that every police officer should be aware of the law laid down in the DK Basu case.

Justice Gavai scorned the officials, remarking, “Go and enjoy the custody. You will be a guest of your own officers. They will provide you special treatment.” Despite this, Dave continued to request a stay, pointing out that the high court had already temporarily halted the implementation of its order for three months. Later, the apex court granted a stay on the sentence during the appeal hearing.

On October 19, 2023, the high court found the four policemen guilty of contempt of court and ordered them to spend 14 days in jail as punishment. DeshGujarat